Category Archives: The Grand Bargain

Thanks for reading Nebraska Workers’ Compensation Watch

Posted on by

My article in Trial Magazine started out as a post on this blog

If you are a member of The American Association of Justice (AAJ) you can read my article “Portable Benefits and The Gig Economy” in this month’s edition of Trial Magazine. If you are a plaintiff’s lawyer and not an AAJ member, you can click here to join AAJ.

If you are a non-plaintiff’s lawyer reader of this blog you can click here or here for what amount to rough drafts of the Trial article. (Sorry the article is copyrighted to AAJ and only available to members)

Briefly, the main takeaway from my article is that while the fight over worker misclassification as it relates to the gig economy is an old fight, the move to develop a separate employee benefits scheme is a new issue. Of course, some more senior practitioners, namely Tom Domer, have pointed out privately that remedies like today’s “portable” benefits” proposals were proposed in the late 19t/early 20th century when workers’ compensation laws were being proposed, debated and drafted.

I assume that I will be writing more about portable benefits in the future as events and time warrant. But for now, my next big blog project is going to be exploring how employment risk fits in within the so-called “grand bargain” of workers’ compensation. My thesis is that workers’ compensation developed in response to new risks from the newly industrializing economy of the late 19th century. Farm and domestic workers were excluded from those laws as judges in the late 19th century thought risks of those occupations where inherent. Putting aside legitimate concerns about how this excluded women and African-Americans from workers’ compensation, I think this exclusion is why employment risk is such a hotly contested issue as industrial jobs decline and service jobs increase.

This exclusion of workers from workers’ compensation, which is inherent in workers’ compensation, is one reason why I don’t like the term “grand bargain” in describing the origins of workers’ compensation. My dislike of the term grand bargain will probably be fleshed out over the next few months as well.

So thanks for continuing to read Nebraska Workers’ Compensation Watch. Thanks to all the attorneys, whether on the worker or management side, who take the time to write original content based on their experience in practice. I gain insight from what you write and I will continue to try to provide insight to lawyers and non-lawyers alike about workers’ compensation and employment law.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Nebraska, portable benefits, The Grand Bargain, Workers Compensation and tagged , , , .